Changing working hours after maternity leave

[dm2]

Anyone have any info/experience of the rights of returning Mums to request different working hours?

I'm about to return to work - part-time, and I have asked to change my hours from 9-5.30 to 8-4.30. This is mainly so I can pick up ds from childminder before 6pm (long commute ). dh already works from 10am so can do the morning drop but I have to be able to pick ds up.
My boss, originally said that she agreed 'in principle' to my change of hours, although she did ask if it would really be a problem if I couldn't change my hours (I said 'Yes, I wouldn't be able to work).

I have had an 'unofficial' warning from my immediate manager who says that the boss has every intention of letting me arrange childcare etc and give an exact date of return then she is going to say I have to work 9-5.30.
Since I have been on mat. leave she has employed someone who is doing the same job, at the same level, working 3 days a week, 8-4.30pm so it obviously can be done.
Her reservation, when I requested the change, was 'Well, we'd like to offer flexible working to all our staff from April onwards but we can't have everyone going home early'.

(the 'going home early' comment really annoyed me - I'll still be doing the same number of hours!)

I really cannot work until 5.30 and so, if she insists I am going to have to resign.
My gut feeling is that I would have grounds for constructive dismissal (ie. she is making it impossible for me to return to work). Anyone any ideas?

I've tried maternity alliance website but no joy and their phone is constantly engaged.

Oh, I sympathise! I went back to work (for a large American corporation) 5 mths after ds was born and asked to work part time. They not only refused, but they "shifted" me sideways culminating in my resignation and claim for constructive dismissal and sex discrimination at employment tribunal.

However, I had no union representation, there is no legal aid for employment cases, and it is a long, hard, rocky road. It cost me £12k and took a year to come to tribunal and I lost since it was my word against theirs and a bit of a David and Goliath case etc.

I'm NOT saying these things aren't worth fighting for, they certainly are, and the principles are important, I'm just suggesting you try everything else before you go down this route. Even if you won at tribunal the usual award (was when I did it anyway '98) is about £10k. These city cases you hear about are the exception.

It does make me cross that women who are offering to work the same hours but with more flexibility are given warnings of any kind and are treated as though they are asking for an easy ride, and the whole situation with women returning to work is outrageous in this country but I'll stop ranting about the unfairness of it all and just recommend from my experience that you try to negotiate with your employers first.

If this fails and you do decide to go the constructive dismissal route, DOCUMENT everything, every conversation, email (and do as much in writing as possible) etc, try to get union backing if you have one as they will often pay your legal fees (£120/hour or more), speak to the EOC and see if you can get their support. And good luck. I wish we had more work/life balance in this country: 2 good books on the subject are "ending the mother war" and "when work doesn't work any more, women, work and identity" but they will only get you more fired up about the situation, when perhaps you need a constructive solution! I don't suppose this was very constructive, but it's my experience and I hope in some small way it's helpful. Good luck!

Thanks jsmummy - I'm in the process of trying to contact my union rep.

I'm hoping that forewarned is fore-armed. If I know my legal position, I can be more assertive in the next meeting.

I find it quite ironic that the reason she seems unwilling to let me work different hours is that the hospital policy (I work for the NHS) is changing to allow any employee to request flexible hours!

Todays Guardian has a piece about tribunals - check out their website at www.guardian.co.uk It was in the office hours tabloid section. Good luck!

Jsmummy, sorry to hear that you didn't have much success at tribunal - I think things have changed a lot over the last 2-3 years and you would have more chance of success if your claim was heard now.

Dm2, if you cannot do your job during normal office hours and yet there is no reason why your job has to be done during those hours then you may have a case for unlawful indirect sex discrimination. ignore the next couple of paragraphs if you know what direct and indirect sex discrimination is.

Direct sex discrimination (SD) is when someone is openly discriminatory (e.g. you cannot be a secretary because you are a man and we only have women secretaries). Most discrimination, these days takes the form of indirect discrimination where the employer places a requirement which people of one gender are significantly less likely to meet AND that requirement is not actually necessary. Examples of indirect sex discrimination include things like an ability to play golf for jobs in senior management, or even having a long hours culture where people are pressured into staying late at work irrespective of whether there is any work for them to do or not.

In your case, as you believe that your job can be done in the revised hours you need in order to pick up your baby, if your employer refuses to allow you to revise your hours, you may have a claim for discrimination.

As Jsmummy has mentioned, it is important to put things down in writing. I would suggest a letter setting out your preferred hours ( you could try to reduce your hours at the start and end of the day so that you have something to negotiate with). You could outline why this will not affect your work unduly and state clearly that you will not be able to return to your previous hours due to the childcare arrangements - this is so that they cannot argue that they did not realise the importance of the change in hours to you!

It may possibly be worth making oblique references to the fact that you are taking advice on the matter and even mentioning the discrimination word as this usually frightens people into seeking legal advice and acting in accordance with the law. I assume your objective is to get your employers to agree to a change in hours without having to actually go to tribunal!.

Although the law is going to be changed to make it easier for parents to work reduced hours, this is unlikely to come into effect for a few years yet and not much to your present problem.

I would also second the suggestion of talking to the Equal Opportunities Commission and check to see if you can get any free help from local lawcentres or citizens advice bureau as well as getting the union in on the case.

Sorry for the lengthy message but I hope you can use at least a bit of it. Good luck and keep us posted on what happens.

dm2, I agree that your best course of action is to put into writing your preferred hours of work, and ask for confirmation of whether these hours are acceptable. This will put the ball into your boss' court. If she refuses, she has to be able to give a valid business reason. The excuse that 'we can't have everyone going home early' simply isn't good enough. As Sis says, hopefully your letter will force her into addressing the situation properly, and encourage her to seek legal advice which - I'm sure - will encourage her to agree to your change of hours request unless there really is a genuine reason why this is not feasible.
I too have had first hand experience of taking an employer to tribunal. Although in my case there was a positive outcome (my ex-employer settled with me out of court) it was still a stressful experience that I wouldn't particularly recommend.
Best of luck. A

jsmummy - thanks again - found a good link to www.tiger.gov.uk which has a good mat. rights section!

sis - thanks, you've confirmed what I suspected. Yes, my objective is to get the change in hours without going to a tribunal - I am pretty certain that the potential 'embarrassment' of the hospital trust will prevent my boss from accepting my resignation once personnel get involved (If it has to get that far!). Especially when the hospital is in the middle of a 'Work-Life Balance initative'.

I have already put my terms to my boss in writing ie. I would like to return to work part-time but I need to work 8-4.30.

I also had a meeting with my boss, my manager and the head of Personnel where I re-iterated my need and reasons for it, and clearly said that I would be unable to return to work otherwise.

Oh well, all I can do now is wait to see if she really does try to make me work until 5.30!

I'm not sure how much help this is but a friend of mine (lawyer) told me that there is now an EU requirement (possibly under the Human Rights laws) that puts the onus of proof onto the employer to prove why it is not feasible to offer parents returning to work flexible working hours. Does anyone know any more about this?

it makes me so sad to see such inflexibility from emplyers and the downright child unfriendly society we live in! ever since having dd i have become much more aware of the unfairmess and unpractical way our society treats those with wheels! (wheelchair and buggies!) and general ignorance about the needs of chidlren and families in this country!

i am incredibley lucky as my employer has not only allowed me a year off to accustom myself to motherhood and to recharge my batteries (though i fear it will take more than a year!) but offered me part time! (3 days!) He was ever so generous and i snapped up the offer immediately!

I suppose what it comes down to is that he's a very nice bloke anyway... being a father himself!

anyway good luck in your negotiations! dm2

I just returned to work last Friday - only to find out that my job has been given to the person who was supposed to "cover" for me while away. This is so down right demoralising as I felt that a) I did a good job, willingly worked LONG hours right up to delivery day, b) I only get 2 months leave anyway in Singapore, c) I was given no credible explanation as to the job change.

For now, I have not kicked up a fuss about it esp. as they feel that they have the upper hand in this recession. Any advice on how I broach this subject with my job i.e. I'm unhappy at how she (yes SHE!!) has handled the job reassignment?

Pena, I have no advice just condolences. It stinks when you give so much commitment and energy to your job and then they thank you by treating you badly just because you've been away for a couple of months. Hope you find a way to resolve things soon.

Pena - maternity leave is different in Singapore I believe. Do you know what your rights are ? A colleague of mine who is pregnant with her first told me that she has to work right up to her first contractions (how exciting - now Bells2 did that as well in London but that's another story ) - but as you mention you have very little leave.
I was also faced with no job on my return. I returned in january from 6 months leave. My employer is generous and I have quite a while before I am facing actual redundancy but I am taking this opportunity to re-assess what I want to do... Is that something you could envisage ?
Have you talked to your boss ?

Haven't spoken to my boss as feeling quite intimidated by her when every other sentence she says is punctuated by ...be thankful u've got a job & we haven't had to make anyone redundant.

Thanks Pupuce, this has certainly started me on the path of reassessing what I want to do & expectations on job & "ideal" employer. I have started speaking to contacts outside my company & headhunters. Its not an easy issue to address as I also need to reconcile the change from being career focused to moving ds up my list & as a result, seeing my career slide downhill.